Annulment in the Philippines: The Complete Guide to Ending a Marriage

This table is a starting point, not legal advice. The facts of each case decide which route is possible.

A void marriage has no legal effect from the beginning. The grounds are in Articles 35 to 38 and 53. The best known is psychological incapacity under Article 36. There is no deadline to file (Article 39), but a final court judgment is still needed before remarriage (Article 40).

Since Tan-Andal v. Andal (2021), psychological incapacity does not need a psychologist's diagnosis, but it must have existed at the wedding and be proven by clear and convincing evidence. Even before that, Marcos v. Marcos (2000) had ruled that the spouse does not have to be personally examined by a doctor. Read more in Psychological incapacity after Tan-Andal.

A voidable marriage has one of six defects listed in Article 45, all existing at the time of the wedding. Fraud is limited to the four cases in Article 46. Most grounds must be raised within five years, counted as Article 47 says, and some are lost if the spouse later freely lived with the other as husband and wife. Infidelity after the wedding is not one of them: it is a ground for legal separation. See What are the grounds for annulment?

Legal separation is based on the ten grounds in Article 55, such as repeated violence, drug addiction, infidelity or abandonment for more than one year. It must be filed within five years from the cause (Article 57). The spouses live apart and their property is divided, but the marriage continues and neither can remarry (Article 63). See What are the grounds for legal separation? Compare it with annulment in Annulment vs legal separation.

Under the second paragraph of Article 26, a Filipino married to a foreigner can remarry after a valid divorce abroad that lets the foreign spouse remarry. The Supreme Court extended this to a spouse who became a foreign citizen after the wedding (Republic v. Orbecido III) and to a divorce filed by the Filipino spouse (Republic v. Manalo). A Philippine court must first recognize the divorce, and the divorce and the foreign law must be proven. Registering the divorce at the civil registry without that court recognition is void (Corpuz v. Sto. Tomas). Two Filipinos who divorce abroad remain married under Philippine law. See Is a foreign divorce valid in the Philippines?

• Children conceived or born before a judgment of annulment, or of nullity under Article 36, becomes final are legitimate (Article 54). See Are children legitimate after an annulment?
• The final judgment provides for the division of property, the custody and support of the children, and the delivery of their presumptive legitimes (Article 50).
• Before either spouse may marry again, the judgment, the partition and the delivery of presumptive legitimes must be recorded in the civil registry and registries of property. Otherwise the new marriage is void (Articles 52 and 53). Marrying again too early can also lead to a bigamy case. See Can I remarry after an annulment?

For copies of marriage records, see the PSA marriage certificate and CENOMAR guides linked on this page.

No law sets a price or a duration. Court filing fees, lawyer's fees and any expert's fees vary, and this site does not list amounts. Since Tan-Andal, a psychologist's report is not required in an Article 36 case, and clients of the Public Attorney's Office are exempt from docket fees by law. The time depends on the court, the evidence and any appeal. See How much does an annulment cost? and How long does an annulment take?

No. A church decision does not change your civil status by itself. Only a final judgment of a Philippine court can declare a marriage void or annul it. In Tan-Andal, the Supreme Court said that decisions of the Catholic Church's National Appellate Matrimonial Tribunal keep their persuasive effect in civil nullity cases. See Is a church annulment valid under Philippine law?

All of these are court cases, usually handled by a lawyer. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.